The Limit of Criminal and Administrative Responsibility

Introduction

In philosophy, moral responsibility is the status of a person morally deserving of praise, blame, reward, or punishment for an action or omission following their moral obligations. Deciding what to consider “morally binding” is the main task of ethics. In his essay The parable of the sadhu, Bowen McCoy says how, climbing to the top of the mountain with a group of other travelers, he discovers an Indian pilgrim, or, as the Indians call them, sadhu, on the mountainside. The essay touches on the important question of where the boundaries of human responsibility end.

The Sense of the Essay

Sadhu was lying there without any outer clothing, almost naked, barefoot, and completely frozen. How did an unprepared person end up in such a place and in such conditions? It is believed that sadhus are religious ascetics who have completely devoted their lives to spiritual pursuits. They renounced everything mundane – moral and material goods, pleasures, and sex for the sake of knowing God and endless meditation. From the moment of renunciation, they spend the rest of their lives in worship and pilgrimage. Sadhus are seen as the embodiment of the divine, who embody the true values of human life according to the Hindu worldview: religious enlightenment and liberation from the cycle of birth and death of samsara. Of the amenities invented by humanity, they deliberately do not use anything – neither modern technologies, warm and cozy houses or fashion.

Indian Pilgrim

On the contrary, they lead a difficult lifestyle, so nothing mundane distracts them from meditation and worship. The Indian found on the mountain did not ease his way with supplies of food, drink, warm clothes, and heating devices. That is why he chose a rather dangerous way of pilgrimage for his health and life. Perhaps he lost some of his clothes and shoes on the way, or perhaps he expected to walk to the top almost naked. Readers do not know, but one thing is for sure – the harsh cold conditions have seriously threatened his life. When travelers found him, he seemed to them a frozen corpse. It would be a miracle if a person survived at such a height without clothes.

Ethically Correct Decision

However, he was still alive, even though he was not conscious. The author’s partners approached him and took their inventory from their backpacks. As a result, the sadhu was dressed in warm clothes and shod. However, the leader of McCoy’s group was unhappy that the group was giving him at least some time and attention. He insisted on climbing the mountain because they still had little to go. Some team members felt it was inhumane, so they stayed close to the sadhu. The rest, including the author, continued on their way.

Disappointment

Upon returning to the camp, McCoy met with one of his remaining teammates, Stephen. He, disappointed in human compassion, asked the author: “How does one feel after one leaves a person to die? From that moment on, the author faced the most important dilemma: should they have been responsible for the Indians?” (McCoy, 1983). For years afterward, he wondered if he had done the right thing. Here readers have an ambivalent situation. On the one hand, a group of travelers felt bad because of the rising climatic conditions, and therefore they sought to climb to the top faster. On the other hand, they had the opportunity to save a person, but they did not do it. Where does the limit of responsibility end, and what is more important for an individual – him or others?

Hypothermia

To answer this ambivalent question, it is necessary to analyze all the circumstances and reasons for the action and then draw a conclusion. Given that the scene of the accident is mountains, it is worth considering the special climatic conditions in such an area. One of the main dangers for climbers is hypothermia. This is a reduction in body temperature below the degree required for the natural functioning of organs. In addition, long-term exposure to cold can lead to death. If a person turns out to be unprepared (the sadhu was wearing only an Indian robe), then the risks to life are serious. Another threat that occurs only in the mountains is mountain sickness, characterized by dizziness, shortness of breath, rapid pulse, etc. In this situation, both trained travelers and Indian pilgrims suffered from altitude sickness.

The Symptoms of Altitude Sickness

For the author, one of the reasons to continue his journey was precisely the symptoms of altitude sickness. In addition, climbing the mountain was his lifelong dream. He did not want to back down when he was almost close to an impossible goal (McCoy, 1983). Is all this a reason to leave a freezing person on the ice, but before that, giving him a little help? Here, readers can talk about two components of ethics that are similar in meaning: justification and justice.

Moral Choice

Justification is recognizing that there is benefit and harm from any action, and the benefit amount is greater than the amount of harm. Justice is the concept of what is due from the perspective of moral choice, without reference to the comfort of performing a just action. Bowen McCoy felt that justification, a more objective trait of ethics, is more appropriate in this situation. For him personally and his partners, leaving the sadhus on the mountain seemed to be a more rational and useful solution: they did not want to risk their health and retreat from the great mission of climbing. That is why they took responsibility only for his well-being, giving him warm clothes and bringing him to consciousness (McCoy, 1983). However, for those who helped the Indians, justice was above their discomfort. They considered it obligatory to take responsibility not only for the pilgrim’s health but for his life. To save their lives, they neglected not only their dream and the goal of mountaineering but their health, suffering from shortness of breath and dizziness.

Human Morality

From the point of view of human morality, it would be appropriate to act only in justice. A person’s life should be above all else. Even though it would have brought moral and physical suffering to all team members, they had to jointly transfer the person to the nearest settlement, where he would be guaranteed assistance. Cold and symptoms of altitude sickness and the loss of the only chance in one’s life are scary and tragic, but they are not a threat to life. Perhaps some of them would have become seriously ill, but since they have access to medical care and medicines, this would not have killed them (McCoy, 1983). That is why it was worth sacrificing well-being and comfort for the benefit of another.

Conclusion

Thus, moral responsibility differs from criminal or administrative responsibility in that, with moral responsibility, a person punishes himself. Moral responsibility is the punishment for one’s actions through the moral inner. That is, a person is tormented by conscience or self-hatred. The author, remembering what happened for many years, asks himself: was there a limit of responsibility in that situation? There is no definite answer to these questions, and everyone decides what is more appropriate: justification or justice.

References

McCoy, B.H. (1983). The parable of the sadhu. Harvard Business Publishing Education.

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StudyCorgi. 2024. "The Limit of Criminal and Administrative Responsibility." January 29, 2024. https://studycorgi.com/the-limit-of-criminal-and-administrative-responsibility/.

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